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补贴的形式多种多样。随着国际贸易的深入发展,各国为尽量减少贸易争端,都在有意避免政府或公共机构通过财政资助方式直接提供补贴的行为。因而,一些较为隐蔽且存在认定争议的“补贴行为”便在各国的贸易政策中产生并发展起来。“权利补贴”即是其中的一种。在无法确认存在直接提供货物的行为的情况下,“权利补贴”的认定与限制便成为争端各国论辩的焦点,并成为WTO反补贴法律制度中亟待厘清的一个环节。虽然目前此类成案为数不多,但其认定规则在日后的争端中必定有重要的参考意义。
There are many forms of subsidies. With the further development of international trade, in order to minimize trade disputes, all countries are trying to avoid direct subsidies provided by the government or public institutions through financial aid. Therefore, some “covert behaviors” that are more subtle and have been found to be controversial emerge and develop in the trade policies of various countries. “Right subsidy ” is one of them. In the absence of confirmation of the existence of the direct provision of goods, the recognition and restriction of “subsidies for rights” become the focus of disputes among all countries in the dispute and become a part of the legal system of WTO anti-subsidy urgently needed to be clarified. Although there are only a few cases of such cases, their rules of affirmation must have important reference meaning in future disputes.